Cathrine is the lead author of the Nodi No-Nonsense guide to ALN Law and regularly represents LA’s, Young person and Parents in Additional Learning Needs (ALN) appeals and discrimination claims before the Education Tribunal for Wales (ETW). She has extensive experience with appeals to the Upper Tribunal and related judicial reviews. Cathrine also advises on broader policy and public law matters, including legal obligations arising from school closures due to reinforced autoclaved aerated concrete, school closures and the lawfulness of local authority transport policies.
Hew practice also encompasses breach of contract claims in relation to universities and independent schools as well as appeals against exam results and exclusion.
Cathrine is unable to advise in respect of matters appearing before the First-Tier Tribunal (Special Educational Needs and Disability) in England, due to professional conflict.
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Questions they have answered
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ETW appeal – placement named in the IDP – How to write a case statement and evidence that the environment is not suitable for the child.
A child in Wales with ALN, has been permanently excluded twice from mainstream secondary schools and now has a LA-maintained IDP. The parent wants to appeal the school named in the IDP. The concern is not about the school’s ability to deliver the ALP, but that the environment is unsuitable due to the child’s extreme anxiety and past negative experiences with pupils who attend the school named. The child refuses to visit the school or even enter certain towns where the child may see these individuals, and the parent fears this will prevent the child from accessing education and may pose a safety risk.
How can the parent reflect this clearly in their case statement, and what evidence can they provide to support the appeal, especially given that the child will not visit the school and this is purely based on the child's feelings?
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If a decision is made to electively home educate a child who previously had a school-based IDP, does the school-based IDP automatically cease upon deregistration from the school? Is the LA then required to determine whether it will maintain the IDP?